Critical study on the technical aspects of the maritime boundary delimitations

Abstract

The Democratic Republic of Timor-Leste (East Timor) attained independence on 20 May 2002, marking its separation from Indonesia. As a newly independent country, East Timor is faced with a number of significant international opportunities, together with some obligations that it must fulfil, including the delimitation of its international boundaries. Equally, for Indonesia, with 10 maritime neighbours, the delimitation of maritime boundaries is a significant challenge. This research aims to provide a preliminary study on the delimitation of the Indonesia - East Timor maritime boundary, with a focus on technical aspects. Geospatial data has been obtained from the Indonesian government and processed with the assistance of a specialised Geographic Information Systems (GIS) application: CARIS LOTS™. The main tasks of this research are to simulate the maritime claims of Indonesia and East Timor, to identify overlapping claims and to delimit the maritime boundaries between the two states. Technically, potential delimitation lines were calculated in a geodetically robust manner. A literature review has been conducted with regard to the principles of maritime boundary delimitation, research on similar cases of maritime boundaries and papers discussing the decision/judgement in some other proceedings regarding maritime boundary delimitation. Existing research and literature are used to support the arguments provided in this current research. The United Nations Convention on the Law of the Sea 1982, LOSC, provides the main legal reference point, along with relevant state practices and jurisprudence. As to the results of this research, it has been identified that three major locations for maritime boundaries are to be delimited. These are in the Ombai Strait, the Wetar Strait and in the Timor Sea. A number of alternative potential boundary alignments have also been examined and analysed for the three locations, in the context of future maritime boundary negotiations between the two States. However, the results are not the final boundaries that Indonesia and East Timor have to accept. Ultimately it is for the governments of Indonesia and East Timor to decide on and negotiate towards an equitable solution that will satisfy both parties. However, it is hoped that this study will contribute to achieving that goal.